EULA (End User License Agreement)

 

End-User License Agreement (EULA) For Genie Health South Africa (Pty) Ltd

Last Updated: September 18, 2023

 

NOTICE: END-USER LICENSE AGREEMENT (EULA) FOR GENIE HEALTH SOUTH AFRICA (PTY) Ltd (Genie)

PLEASE READ THIS LICENSE AGREEMENT (‘AGREEMENT’) CAREFULLY BEFORE USING THE SOFTWARE APPLICATION PRODUCTS AND SERVICES (“APP”) OFFERED BY GENIE HEALTH SOUTH AFRICA (PTY) Ltd (‘GENIE’). BY DOWNLOADING OR ACCESSING THE GENIE SOFTWARE APPLICATION (“APP”) OR USING THE GENIE APPS OR SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS.

 

IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE, APPS, OR SERVICES. TO REJECT THESE TERMS, YOU MUST DELETE THE APP FROM YOUR MOBILE DEVICE IMMEDIATELY.

 

  1. ACCESS TO THE SERVICES. 

The App or application services offered from time to time by Genie in connection therewith are owned and operated by Genie. Genie may offer to provide certain services to you through the App, as described more fully on the App, that have been selected by you through the process provided on the App (together with the App, ‘Services’). The term ‘Services’ shall include, without limitation, use of the App, any service Genie performs for you and the content offered by Genie on the App. Genie may change, suspend, or discontinue the Services at any time, including the availability of any feature, database, or content. Genie may also impose limits on certain features and services or restrict your access to parts or all the Services without notice or liability. You may only use the Services and the App for your own personal, non-commercial use, and not for the use or benefit of any third party. You may only use the App in connection with the Services, and for no other use. Any software component embodied in the App is licensed to you, and not sold. Genie reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the App, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services or the App following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.

 

Genie does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register for the Services. If you are under 18, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 may provide any personal information to Genie or on the Services. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us at support@geniesa.health.  

 

You represent and warrant to Genie that: (i) you are a natural person (e.g., not a corporation) and you either are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 18 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information by updating any incorrect or incomplete information of which you become aware. You understand and acknowledge that if you do not keep your account current and up to date, the App may not function properly. You also certify that you are legally permitted to use and access the Services and the App and take full responsibility for the selection and use of and access to the Services and the App. This Agreement is void where prohibited by law, and the right to access the Services and the App is revoked in such jurisdictions.

 

You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services and the App, including, without limitation, modems, hardware, software, and long-distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services and App.

 

  1. APP CONTENT

The App and its contents are intended solely for the personal, non-commercial use of App users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the App (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the ‘Content’)) are protected by copyright and trademark. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.

 

The App is protected by copyright, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

 

You may download or copy the Content (and other items displayed on the App for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, non-commercial use is expressly prohibited without prior written permission from Genie or from the copyright holder identified in such Content’s copyright notice. You shall not link to the App without Genie’s prior written consent.

 

Genie will only share your personally identifiable information in accordance with Genie’s privacy policy in effect from time to time and located at  https://geniesa.health. Furthermore, you understand that Genie retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions in the form of a satisfaction survey submitted by you. You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated, and that Genie will not be liable for any errors or omissions in any content.

 

  1. YOUR WARRANTY

You warrant, represent and agree that you will not contribute any Content or otherwise use the Services or the App in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Genie’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Genie; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.

 

You, not Genie, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Genie and to grant Genie the rights to use such information in connection with the Services and as otherwise provided herein.

 

  1. RESTRICTIONS

You are responsible for all of your activity in connection with the Services and the App. You agree to use Services only in accordance with this Agreement or other applicable terms relating to the use of the Services, and applicable laws. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services or the App. Use of the Services or the App to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene) or engage in any kind of illegal activity is expressly prohibited.  You will not run Maillist, Listserv, any form of autoresponder, or ‘spam’ on the Services, or any processes that run or are activated while you are not logged on to the App, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to ‘crawl,’ ‘scrape,’ or ‘spider’ any page of the App is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services or the App. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services and the App.

 

  1. WARRANTY DISCLAIMER. 

THE SERVICES, APP, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN ‘AS IS’ BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

 

  1. DATA PRIVACY. 

For information regarding Genie’s treatment of Personal Information, please review Genie’s current Privacy Policy at  https://geniesa.health , which is incorporated herein by reference. You acknowledge that you have read our Privacy Policy and understand that it sets forth how we will collect, store, use and disclose your Personal Information, as that term is defined in our Privacy Policy. If you do not agree with our Privacy Policy, then you must stop using the App and Services immediately.

You instruct us to use and disclose your Personal Information as necessary to (a) provide the Services consistent with the Privacy Policy, and this Section 6, including detecting, preventing, and investigating security incidents, fraud, or unlawful use of the Services; and (b) respond to any technical problems or your queries and ensure the proper working of the Services. You acknowledge that email, SMS and WhatsApp are an insecure medium that are generally not encrypted in transit and security of information transmitted through the Internet can never be guaranteed and, accordingly, we are not responsible for any interception or interruption of any communications through the Internet or for changes or loss of personal information in connection with the Services.

 

  1. REGISTRATION AND SECURITY

As a condition to using the App or some or all aspects of the Services, you may be required to register with Genie and select a password and username (‘Genie User ID’). You shall provide Genie with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a Genie User ID a name of another person with the intent to impersonate that person; or (ii) use as a Genie User ID a name subject to any rights of a person other than you without appropriate authorization. Genie reserves the right to refuse registration of or cancel a Genie User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.

 

  1. INDEMNITY

You will indemnify and hold Genie, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to or use of the Services or the App, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

 

  1. LIMITATION OF LIABILITY

IN NO EVENT SHALL GENIE OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE, THE APP, THE SERVICES, OR THE SUBJECT MATTER OF THIS AGREEMENT, UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU TO GENIE THEREFOR OR R2000.00; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND GENIE’S REASONABLE CONTROL.

 

  1. THIRD PARTY WEBSITES AND PARTNERS

The Services may contain links to third party websites or partners that are not owned or controlled by Genie. When you access third party websites or partners, you do so at your own risk. You hereby represent and warrant that you have read and agreed to be bound by all applicable policies of any third-party websites, partners or services relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Genie has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites and partners. In addition, Genie will not and cannot monitor, verify, censor, or edit the content of any third-party site or partner activity.

 

By using the Services, you expressly relieve and hold Genie harmless from any and all liability arising from your use of any third-party website or partner. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Genie shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Genie is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Genie, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service.

 

  1. TERMINATION

This Agreement shall remain in full force and effect while you use the App and Services. You may terminate your use of the App and Services or your membership at any time by following the instructions on the App. Genie may terminate or suspend your access to the App and Services, your right to use the App, or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Genie may also terminate or suspend any and all Services, your right to use the App, and access to the App immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Service and App, and to access the App and any Content, will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

 

  1. MISCELLANEOUS

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Genie shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Genie’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including ‘line-noise’ interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sublicensable by you except with Genie’s prior written consent. Genie may transfer, assign, or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind Genie in any respect whatsoever.

 

  1. ARBITRATION; GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa without regard to the conflict of law’s provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Pretoria using the English language in accordance with the Arbitration Act, 1965 then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be appointed by the President or acting President of the Legal Practice Counsel in accordance with the Arbitration Act, 1965. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties’ consent to exclusive jurisdiction of the Magistrates Court.

 

  1. COPYRIGHT DISPUTE POLICY

Genie has adopted the following general policy toward copyright infringement in accordance with the Copyright Act, 1978 https://www.gov.za/sites/default/files/gcis_document/201504/act-98-1978.pdf. The address of Genie’s Designated Agent to Receive Notification of Claimed Infringement (‘Designated Agent’) is listed at the end of this Section. It is Genie’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

 

A. Procedure for Reporting Copyright Infringements:

If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

 

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; Identification of works or materials being infringed;

 

Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Genie is capable of finding and verifying its existence;

Contact information about the notifier including address, telephone number and, if available, email address;

 

A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

 

B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:

It is Genie’s policy:

  • to remove or disable access to the infringing material;
  • to notify the content provider, member or user that it has removed or disabled access to the material;
  • and that repeat offenders will have the infringing material removed from the system and that Genie will terminate such content providers, member’s or user’s access to the Services.

C. Procedure to Supply a Counter-Notice to the Designated Agent:

If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:

 

  • A physical or electronic signature of the content provider, member or user;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  • A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
  • Content providers, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content providers, member’s or user’s address is located, or, if the content providers, member’s or user’s address is located outside the United States, for any judicial district in which Genie is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Genie may send a copy of the counter-notice to the original complaining party informing that person that Genie may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Genie’s discretion.

Please contact Genie’s Designated Agent to Receive Notification of Claimed Infringement at the following address:

 

Designated Agent to Receive Notification of Claimed Infringement:

Genie Health South Africa (Pty) Ltd

Attention: Legal

17 Midas Avenue

Olympus

Pretoria

Gauteng

0081

 

  1. APPLICATION TERMS.
  • Samsung Device and Application Terms:

You hereby acknowledge and agree that the application that is included herein, and any service and content provided to you through such application, are being provided to you by Genie and not by Samsung Electronics Co., Ltd. (“Samsung”).

To the extent permitted under applicable laws, Samsung is not responsible for any privacy or any other practices of Genie and expressly disclaims any liability in connection with any such applications, services, contents or your use thereof.

 

  • Apple Device and Application Terms:

You hereby acknowledge and agree that the application that is included herein, and any service and content provided to you through such application, are being provided to you by Genie and not by Apple Inc. (“Apple”).

 

To the extent permitted under applicable laws, Apple is not responsible for any privacy or any other practices of Genie and expressly disclaims any liability in connection with any such applications, services, contents, or your use thereof.

 

  • Google Device and Application Terms:

You hereby acknowledge and agree that the application that is included herein, and any service and content provided to you through such application, are being provided to you by Genie and not by Google LLC. (“Google”).

To the extent permitted under applicable laws, Google is not responsible for any privacy or any other practices of Genie and expressly disclaims any liability in connection with any such applications, services, contents, or your use thereof.

 

  • Huawei Device and Application Terms:

You hereby acknowledge and agree that the application that is included herein, and any service and content provided to you through such application, are being provided to you by Genie and not by Huawei Investment & Holding Co. Ltd. (“Huawei”).

To the extent permitted under applicable laws, Huawei is not responsible for any privacy or any other practices of Genie and expressly disclaims any liability in connection with any such applications, services, contents, or your use thereof.

 

  1. ACKNOWLEDGEMENT. 

YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR DOWNLOAD, INSTALLATION AND USE OF ANY SUCH APPLICATION, SERVICE AND CONTENT ARE GOVERNED BY GENIE’S TERMS OF USE, LICENSE AGREEMENT, PRIVACY POLICY, OR OTHER SUCH AGREEMENTS AND THAT ANY INFORMATION AND PERSONAL DATA YOU PROVIDE TO GENIE WILL BE SUBJECT TO GENIE’S PRIVACY POLICY.

 

  1. CONTACT. 

If you have any questions, complaints, or claims with respect to the Services, you may contact us at support@geniesa.health.

 

Genie Health South Africa (Pty) Ltd

17 Midas Avenue

Olympus

Pretoria

Gauteng

0081

 

 

Clinical Consent - Enhanced Spinal Conservative Care Pilot Programme

This consent applies to the practices of Buhrs Physiotherapist Inc & Herbst JA Biokineticist Inc

Please read these terms and conditions carefully, as they are important in clarifying and managing expectations and form the basis of your consent to treatment. If you have any questions, please contact your administrator or healthcare practitioner through the App, who will assist you with your query.

Online Exercise Programme

  1. The progress of your physical recovery will be monitored through the App. You will first be assessed by a physiotherapist through the App. A physiotherapist will then prepare an exercise programme for you, which will be loaded onto your profile on the App after your first session.  The exercise programme will be designed to improve your recovery.
  2. It will consist of several sessions, specific to your needs. The programme is typically for 8 – 12 weeks long, and may be extended for additional 4-week periods should this be recommended.  Your exercise sessions will be scheduled on the App. You will be monitored remotely by a team of biokineticists and/or physiotherapists, in an asynchronous manner. This means that you will not be monitored in real-time but may have a real-time consultation with a practitioner from time to time, should this be required. A video of your exercises will not be stored, although the completion of your pain scores and compliance with the programme will be reviewed regularly. While we will try to ensure that the same practitioner monitors you during all your sessions, this may not always be possible. Different practitioners may, therefore, monitor you during the sessions.
  3. There will be no physical in-person contact with your attending practitioner (physiotherapist / biokineticist). Your evaluation will be done, and your progress monitored through the App only. If the attending practitioner is of the opinion that you need to consult a healthcare practitioner in person, you will be referred to an appropriate practitioner. We cannot be held responsible should you injure yourself while performing your exercises. Therefor, if you feel uncomfortable at any time during the exercises, you must immediately stop and contact the attending practitioner who will guide you further.
  4. The programme is not intended to replace, but rather complement any treatment that you are currently receiving. You may continue to consult your preferred healthcare practitioners while you follow the exercise programme on the App.
  5. The benefits of receiving the services on the App include the following:
    • Lower cost than receiving in-person treatment;
    • Performing the exercises in the comfort of your own space (such as your home) with no need to travel to a healthcare practitioner;
    • Better outcomes compared to when exercises are done without monitoring by a healthcare practitioner;
    • Higher patient satisfaction due to the feedback and support received through remote monitoring.
  6. It is important that you complete the exercise programme to fully benefit from it. If you do not keep up with the required frequency and accuracy of exercises you may experience poor outcomes
  7. It is also important that you follow the instructions precisely with every exercise and give accurate feedback on pain levels. Failure to do so may result in injury, strain, or pain. If you do not report your pain scale accurately on the App, the exercises prescribed may be inappropriate for you.
  8. Interactions with the physiotherapist and biokineticist will only occur through the App. To ensure that this can be done successfully, please ensure that the device you use is of good quality. You must also ensure that you have sufficient data and that the data transmission speed is of good quality. Your device and data should meet the following requirements:
    • Mobile phone or tablet
      • Android – version 8.0 or later
      • iPhone – iOS 15. 0 or later
      • iPad – iPad OS 15.0 or later
      • iPod touch – iOS 15. 0 or later
      • Mac – Mac OS 12.0 or later with Apple M1 chip or later
    • Data speed requirements: 4Mb per second or faster
  9. The costs for the services (evaluation, exercise programme and remote monitoring) are described in the document entitled “Financial Consent”. The costs of the device you use to run the App on and any data costs incurred to access the App and to engage with a practitioner remotely are for your own account.
  10. You should be aware that if you have an unstable internet connection while using the App, you may experience a time delay. There may also be a delay in feedback from the attending practitioner should your exercises not be updated. This may impact the evaluation of:
    • your progression,
    • assessment of your pain scores,
    • range of your movement,
    • compliance with the exercise program, and
    • your comments to or requests for support from the attending practitioners.
  11. You have the right to refuse to receive services through the App. You may also terminate the remote services received through the App at any time. You should then consult a healthcare practitioner in person. You are obliged to inform your administrator or attending healthcare practitioner of your intention to terminate through the App.

Personal Information

  1. Your personal information will be processed in accordance with the Privacy Policy.
  2. You should note in particular that by agreeing to receive the services through the App, your personal information will be shared with the attending healthcare practitioners, other healthcare practitioners who provide care to you, your medical scheme and your scheme’s contracted service providers, including its administrator. If you do not agree with this sharing of your information, you should not proceed with receiving the services through the App.

    Legal

    The practitioners who will render the services to you are registered in South Africa. All services they provide will be rendered in South Africa even if you choose to do the exercises in another country. This consent shall be governed, construed, and enforced according to the laws of the Republic of South Africa in South Africa.

  3. If any change occurs in the legislation or enforceable policy that requires changes to the services delivered through the App, we will contact you regarding these changes.
  4. Any disputes that may arise from your use of the App and the services on the App, which we cannot resolve between ourselves, will be resolved by arbitration.

    Consent

  5. I agree to the terms and conditions, which include being evaluated and re-evaluated by a physiotherapist, doing the exercises and being monitored virtually by a physiotherapist or biokineticist.
  6. I understand that I may withdraw from the programme at any time.
  7. I confirm that I am familiar with the Privacy Policy of Genie applicable to the App. I fully understand my rights and obligations concerning my personal information processed by the healthcare practitioners and Genie, and in particular with whom it will be shared.
  8. I confirm that I am 18 years or older and mentally competent to agree to these terms and conditions and provide the consent.
  9. I consent of my own free will and confirm that I have not been forced or unduly influenced to provide the consent.

Financial Consent - Enhanced Spinal Conservative Care Pilot Programme

This consent applies to the practices of Buhrs Physiotherapist Inc & Herbst JA Biokineticist Inc

Please read these terms and conditions carefully. They are all important. The terms and conditions constitute an enforceable agreement between us. If you have any questions, please contact your administrator or healthcare practitioner through the App, who will assist you with your query.

 Payment

  1. You remain responsible for the payment for the services provided (assessments by a physiotherapist and the preparation and deployment of an exercise programme) complimented with monitoring by a biokineticist or physiotherapist.
  2. You should note that we are obliged by law to include codes on your accounts that identify the services that you receive from us (procedure codes) and stipulate your diagnosis (ICD-10 codes). Without these codes, your medical scheme might not reimburse for these services.
  3. We will submit a copy of the account to your medical scheme on your behalf, should it be determined that there are benefits to cover these services. It is anticipated that your medical scheme will pay the amount directly to the relevant practice, as the Discovery Enhanced Spinal Conservative Care Pilot Programme is a risk funded benefit.  Should the scheme for some reason pay this into your own account, it will be your responsibility to pay this across to the relevant practice in settlement of services rendered.
  4. In the unlikely event that after the submission of your account to the medical scheme that the claim is rejected or not settled in full, you will be required to make a payment in settlement of services rendered.
  5. The costs of the device you use to run the App on and any data costs incurred to access the App and to engage with a physiotherapist or biokineticist remotely are for your own account.
  6. You are responsible for paying all outstanding accounts, including charges incurred by us for any dishonoured payments, as well as collection and legal fees (on an attorney-own client scale) for accounts we must collect. We will hand outstanding accounts over for collection to debt collectors or attorneys. You may be listed as a ‘bad payer’ at credit bureaus if you do not pay these accounts.


    Legal

  7. These terms and conditions shall be governed, construed and enforced according to the laws of the Republic of South Africa in South Africa.
  8. Any disputes that may arise from your use of the App and the services on the App, which we cannot resolve between ourselves, will be resolved by arbitration.


    Agreement

  9. I confirm that I am 18 years or older and mentally competent to agree to these terms and conditions.
  10. I agree to the terms and conditions of this Financial Consent, including to ensure payment for the services that I will receive through the App.
  11. I confirm that I have not been forced or unduly influenced to agree to the terms and conditions.

* Please note that by clicking on this button, you are agreeing to our above terms & conditions and verifying that you have read and understand them.

Clinical Consent - Conservative Spine Care Programme

This consent applies to the practices of Buhrs Physiotherapist Inc & Herbst JA Biokineticist Inc

Please read these terms and conditions carefully, as they are important in clarifying and managing expectations and form the basis of your consent to treatment. If you have any questions, please contact your administrator or healthcare practitioner through the App, who will assist you with your query.

Online Exercise Programme

  1. The progress of your physical recovery will be monitored through the App. You will first be assessed by a physiotherapist through the App. A physiotherapist will then prepare an exercise programme for you, which will be loaded onto your profile on the App after your first session.  The exercise programme will be designed to improve your recovery.
  2. It will consist of several sessions, specific to your needs. The programme is typically for 10 weeks and may be extended for additional 4-week periods should this be recommended.  Your exercise sessions will be scheduled on the App. You will be monitored remotely by a team of biokineticists and/or physiotherapists, in an asynchronous manner. This means that you will not be monitored in real-time but may have a real-time consultation with a practitioner from time to time, should this be required. A video of your exercises will not be stored, although the completion of your pain scores and compliance with the programme will be reviewed regularly. While we will try to ensure that the same practitioner monitors you during all your sessions, this may not always be possible. Different practitioners may, therefore, monitor you during the sessions.
  3. There will be no physical in-person contact with your attending practitioner (physiotherapist / biokineticist). Your evaluation will be done, and your progress monitored through the App only. If the attending practitioner is of the opinion that you need to consult a healthcare practitioner in person, you will be referred to an appropriate practitioner. We cannot be held responsible should you injure yourself while performing your exercises. Therefor, if you feel uncomfortable at any time during the exercises, you must immediately stop and contact the attending practitioner who will guide you further.
  4. The programme is not intended to replace, but rather complement any treatment that you are currently receiving. You may continue to consult your preferred healthcare practitioners while you follow the exercise programme on the App.
  5. The benefits of receiving the services on the App include the following:
    • Lower cost than receiving in-person treatment;
    • Performing the exercises in the comfort of your own space (such as your home) with no need to travel to a healthcare practitioner;
    • Better outcomes compared to when exercises are done without monitoring by a healthcare practitioner;
    • Higher patient satisfaction due to the feedback and support received through remote monitoring.
  6. It is important that you complete the exercise programme to fully benefit from it. If you do not keep up with the required frequency and accuracy of exercises you may experience poor outcomes
  7. It is also important that you follow the instructions precisely with every exercise and give accurate feedback on pain levels. Failure to do so may result in injury, strain, or pain. If you do not report your pain scale accurately on the App, the exercises prescribed may be inappropriate for you.
  8. Interactions with the physiotherapist and biokineticist will only occur through the App. To ensure that this can be done successfully, please ensure that the device you use is of good quality. You must also ensure that you have sufficient data and that the data transmission speed is of good quality. Your device and data should meet the following requirements:
    • Mobile phone or tablet
      • Android – version 8.0 or later
      • iPhone – iOS 15. 0 or later
      • iPad – iPad OS 15.0 or later
      • iPod touch – iOS 15. 0 or later
      • Mac – Mac OS 12.0 or later with Apple M1 chip or later
    • Data speed requirements: 4Mb per second or faster
  9. The costs for the services (evaluation, exercise programme and remote monitoring) are described in the document entitled “Financial Consent”. The costs of the device you use to run the App on and any data costs incurred to access the App and to engage with a practitioner remotely are for your own account.
  10. You should be aware that if you have an unstable internet connection while using the App, you may experience a time delay. There may also be a delay in feedback from the attending practitioner should your exercises not be updated. This may impact the evaluation of:
    • your progression,
    • assessment of your pain scores,
    • range of your movement,
    • compliance with the exercise program, and
    • your comments to or requests for support from the attending practitioners.
  11. You have the right to refuse to receive services through the App. You may also terminate the remote services received through the App at any time. You should then consult a healthcare practitioner in person. You are obliged to inform your administrator or attending healthcare practitioner of your intention to terminate through the App.

Personal Information

  1. Your personal information will be processed in accordance with the Privacy Policy.
  2. You should note in particular that by agreeing to receive the services through the App, your personal information will be shared with the attending healthcare practitioners, other healthcare practitioners who provide care to you, your medical scheme and your scheme’s contracted service providers, including its administrator. If you do not agree with this sharing of your information, you should not proceed with receiving the services through the App.

    Legal

    The practitioners who will render the services to you are registered in South Africa. All services they provide will be rendered in South Africa even if you choose to do the exercises in another country. This consent shall be governed, construed, and enforced according to the laws of the Republic of South Africa in South Africa.

  3. If any change occurs in the legislation or enforceable policy that requires changes to the services delivered through the App, we will contact you regarding these changes.
  4. Any disputes that may arise from your use of the App and the services on the App, which we cannot resolve between ourselves, will be resolved by arbitration.

    Consent

  5. I agree to the terms and conditions, which include being evaluated and re-evaluated by a physiotherapist, doing the exercises and being monitored virtually by a physiotherapist or biokineticist.
  6. I understand that I may withdraw from the programme at any time.
  7. I confirm that I am familiar with the Privacy Policy of Genie applicable to the App. I fully understand my rights and obligations concerning my personal information processed by the healthcare practitioners and Genie, and in particular with whom it will be shared.
  8. I confirm that I am 18 years or older and mentally competent to agree to these terms and conditions and provide the consent.
  9. I consent of my own free will and confirm that I have not been forced or unduly influenced to provide the consent.

Financial Consent - Conservative Spine Care Programme

This consent applies to the practices of Buhrs Physiotherapist Inc & Herbst JA Biokineticist Inc

Please read these terms and conditions carefully. They are all important. The terms and conditions constitute an enforceable agreement between us. If you have any questions, please contact your administrator or healthcare practitioner through the App, who will assist you with your query.

 Payment

  1. You remain responsible for the payment for the services provided (assessment by a physiotherapist and the preparation, deployment and monitoring of an exercise programme by a biokineticist or physiotherapist).
  2. You should note that we are obliged by law to include codes on your accounts that identify the services that you receive from us (procedure codes) and stipulate your diagnosis (ICD-10 codes). Without these codes, your medical scheme might not reimburse for these services.
  3. We will submit a copy of the account to your medical scheme on your behalf, should it be determined that there are benefits to cover these services. It is anticipated that your medical scheme will pay the amount directly to the relevant practice, as the Discovery Conservative Spine Care Programme is a risk funded benefit.  Should the scheme for some reason pay this into your own account, it will be your responsibility to pay this across to the relevant practice in settlement of services rendered.
  4. In the unlikely event that after the submission of your account to the medical scheme that the claim is rejected or not settled in full, you will be required to make a payment in settlement of services rendered.
  5. The costs of the device you use to run the App on and any data costs incurred to access the App and to engage with a physiotherapist or biokineticist remotely are for your own account.
  6. You are responsible for paying all outstanding accounts, including charges incurred by us for any dishonoured payments, as well as collection and legal fees (on an attorney-own client scale) for accounts we must collect. We will hand outstanding accounts over for collection to debt collectors or attorneys. You may be listed as a ‘bad payer’ at credit bureaus if you do not pay these accounts.


    Legal

  7. These terms and conditions shall be governed, construed and enforced according to the laws of the Republic of South Africa in South Africa.
  8. Any disputes that may arise from your use of the App and the services on the App, which we cannot resolve between ourselves, will be resolved by arbitration.


    Agreement

  9. I confirm that I am 18 years or older and mentally competent to agree to these terms and conditions.
  10. I agree to the terms and conditions of this Financial Consent, including to ensure payment for the services that I will receive through the App.
  11. I confirm that I have not been forced or unduly influenced to agree to the terms and conditions.

* Please note that by clicking on this button, you are agreeing to our above terms & conditions and verifying that you have read and understand them.

Clinical Consent

This consent applies to the practices of Buhrs Physiotherapist Inc & Herbst JA Biokineticist Inc

Please read these terms and conditions carefully, as they are important in clarifying and managing expectations and form the basis of your consent to treatment. If you have any questions, please contact your administrator or healthcare practitioner through the App, who will assist you with your query.

Online Exercise Programme

  1. The progress of your physical recovery will be monitored through the App. You will first be assessed by a physiotherapist through the App. A biokineticist or physiotherapist will then prepare an exercise programme for you, which will be loaded onto your profile on the App after your first session with the biokineticist or physiotherapist. The exercise programme will be designed to improve your recovery.
  2. It will consist of several sessions, specific to your needs. The programme is typically for 4 weeks and may be extended for an additional 4-week period should this be recommended. 1-week programmes may also be recommended. Your exercise sessions will be scheduled on the App. You will be monitored remotely by a team of biokineticists and/or physiotherapists, in an asynchronous manner. This means that you will not be monitored in real-time but may have a real-time consultation with a practitioner from time to time, should this be required. A video of your exercises will not be stored, although the completion of your pain scores and compliance with the programme will be reviewed regularly. While we will try to ensure that the same practitioner monitors you during all your sessions, this may not always be possible. Different practitioners may, therefore, monitor you during the sessions.
  3. There will be no physical in-person contact with your attending practitioner (physiotherapist / biokineticist). Your evaluation will be done, and your progress monitored through the App only. If the attending practitioner is of the opinion that you need to consult a healthcare practitioner in person, you will be referred to an appropriate practitioner. We cannot be held responsible should you injure yourself while performing your exercises. Therefor, if you feel uncomfortable at any time during the exercises, you must immediately stop and contact the attending practitioner who will guide you further.
  4. The programme is not intended to replace, but rather complement any treatment that you are currently receiving. You may continue to consult your preferred healthcare practitioners while you follow the exercise programme on the App.
  5. The benefits of receiving the services on the App include the following:
    • Lower cost than receiving in-person treatment;
    • Performing the exercises in the comfort of your own space (such as your home) with no need to travel to a healthcare practitioner;
    • Better outcomes compared to when exercises are done without monitoring by a healthcare practitioner;
    • Higher patient satisfaction due to the feedback and support received through remote monitoring.
  6. It is important that you complete the exercise programme to fully benefit from it. If you do not keep up with the required frequency and accuracy of exercises you may experience poor outcomes
  7. It is also important that you follow the instructions precisely with every exercise and give accurate feedback on pain levels. Failure to do so may result in injury, strain, or pain. If you do not report your pain scale accurately on the App, the exercises prescribed may be inappropriate for you.
  8. Interactions with the physiotherapist and biokineticist will only occur through the App. To ensure that this can be done successfully, please ensure that the device you use is of good quality. You must also ensure that you have sufficient data and that the data transmission speed is of good quality. Your device and data should meet the following requirements:
    • Mobile phone or tablet
      • Android – version 8.0 or later
      • iPhone – iOS 15. 0 or later
      • iPad – iPad OS 15.0 or later
      • iPod touch – iOS 15. 0 or later
      • Mac – Mac OS 12.0 or later with Apple M1 chip or later
    • Data speed requirements: 4Mb per second or faster
  9. The costs for the services (evaluation, exercise programme and remote monitoring) are described in the document entitled “Financial Consent”. The costs of the device you use to run the App on and any data costs incurred to access the App and to engage with a practitioner remotely are for your own account.
  10. You should be aware that if you have an unstable internet connection while using the App, you may experience a time delay. There may also be a delay in feedback from the attending practitioner should your exercises not be updated. This may impact the evaluation of:
    • your progression,
    • assessment of your pain scores,
    • range of your movement,
    • compliance with the exercise program, and
    • your comments to or requests for support from the attending practitioners.
  11. You have the right to refuse to receive services through the App. You may also terminate the remote services received through the App at any time. You should then consult a healthcare practitioner in person. You are obliged to inform your administrator or attending healthcare practitioner of your intention to terminate through the App.

 

Personal Information

  1. Your personal information will be processed in accordance with the Privacy Policy.
  2. You should note in particular that by agreeing to receive the services through the App, your personal information will be shared with the attending healthcare practitioners, other healthcare practitioners who provide care to you, your medical scheme and your scheme’s contracted service providers, including its administrator. If you do not agree with this sharing of your information, you should not proceed with receiving the services through the App.


    Legal

    The practitioners who will render the services to you are registered in South Africa. All services they provide will be rendered in South Africa even if you choose to do the exercises in another country. This consent shall be governed, construed, and enforced according to the laws of the Republic of South Africa in South Africa.
  3. If any change occurs in the legislation or enforceable policy that requires changes to the services delivered through the App, we will contact you regarding these changes.
  4. Any disputes that may arise from your use of the App and the services on the App, which we cannot resolve between ourselves, will be resolved by arbitration.

    Consent

  5. I agree to the terms and conditions, which include being evaluated and re-evaluated by a physiotherapist or biokineticist, doing the exercises and being monitored virtually by a physiotherapist or biokineticist.
  6. I understand that I may withdraw from the programme at any time.
  7. I confirm that I am familiar with the Privacy Policy of Genie applicable to the App. I fully understand my rights and obligations concerning my personal information processed by the healthcare practitioners and Genie, and in particular with whom it will be shared.
  8. I confirm that I am 18 years or older and mentally competent to agree to these terms and conditions and provide the consent.
  9. I consent of my own free will and confirm that I have not been forced or unduly influenced to provide the consent.

Financial Consent

This consent applies to the practices of Buhrs Physiotherapist Inc & Herbst JA Biokineticist Inc

Please read these terms and conditions carefully. They are all important. The terms and conditions constitute an enforceable agreement between us. If you have any questions, please contact your administrator or healthcare practitioner through the App, who will assist you with your query.

 Payment

  1. You remain responsible for the payment for the services provided (assessment by a physiotherapist or biokineticist, and the preparation, deployment and monitoring of an exercise programme by a biokineticist or physiotherapist).
  2. You should note that we are obliged by law to include codes on your accounts that identify the services that you receive from us (procedure codes) and stipulate your diagnosis (ICD-10 codes). Without these codes, your medical scheme might not reimburse for these services.
  3. We will submit a copy of the account to your medical scheme on your behalf, should it be determined that there are benefits to cover these services. It is anticipated that your medical scheme will pay the amount directly to the relevant practice.  Should the scheme for some reason pay this into your own account, it will be your responsibility to pay this across to the relevant practice in settlement of services rendered.
  4. Should it be determined that there no be benefits available to cover these services, a payment link will be sent to you immediately after your online assessment by the physiotherapist and again after your personalised programme is deployed to your profile on the App by the biokineticist or physiotherapist. You shall then be required to make payments using a credit or debit card. You will only obtain access to the full exercise programme, once the payments have been cleared. The fees for 2024 are as follows:
    (a) Physiotherapy assessment: R394.50 (including VAT).
    (b) Exercise programme and remote monitoring by a biokineticist and/or physiotherapist per 4-week block: R1157.20 (including VAT).
  5. Should it be determined after the submission of your account to the medical that the claim is rejected or not settled in full, you will be required to make a payment in settlement of services rendered as per point 4 above.
  6. The costs of the device you use to run the App on and any data costs incurred to access the App and to engage with a physiotherapist or biokineticist remotely are for your own account.
  7. You are responsible for paying all outstanding accounts, including charges incurred by us for any dishonoured payments, as well as collection and legal fees (on an attorney-own client scale) for accounts we must collect. We will hand outstanding accounts over for collection to debt collectors or attorneys. You may be listed as a ‘bad payer’ at credit bureaus if you do not pay these accounts.


    Legal

  8. These terms and conditions shall be governed, construed and enforced according to the laws of the Republic of South Africa in South Africa.
  9. Any disputes that may arise from your use of the App and the services on the App, which we cannot resolve between ourselves, will be resolved by arbitration.


    Agreement

  10. I confirm that I am 18 years or older and mentally competent to agree to these terms and conditions.
  11. I agree to the terms and conditions of this Financial Consent, including to pay for the services that I will receive through the App.
  12. I confirm that I have not been forced or unduly influenced to agree to the terms and conditions.

* Please note that by clicking on this button, you are agreeing to our above terms & conditions and verifying that you have read and understand them.